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FMLA

Don’t count on second opinion as an excuse to reject FMLA leave

04/14/2011

If an employee gets a certification showing he has a serious health condition under the FMLA, you can request a second, independent assessment. But if the second opinion says the condition isn’t serious, that’s not the final word. FMLA regulations require a third opinion as the tie-breaker.

Work with your attorney to preserve evidence

04/14/2011

These days, much of the evidence used in employment litigation is electronic—such as attendance records. Courts require employers to preserve such evidence when employers reasonably know that a lawsuit could arise. If evidence is destroyed, courts can impose heavy financial sanctions and even hand a win to the other side without a trial.

How not to handle FMLA leave: Do what Chicago did to a seriously ill employee

04/14/2011
Here’s a chance to learn from an employer’s FMLA mistakes. Don’t make the same ones yourself.

How to ensure your employee handbook supports FMLA compliance

04/12/2011
Employers are free to develop their own policies, but many laws have an absolute mandate—you must ensure employees receive proper notice of your policies. That’s why the FMLA section of your handbook is so important. Here’s your roadmap to full compliance with the FMLA’s notification requirements.

Offer FMLA, but still enforce attendance rules

04/06/2011

Employees occasionally have to step in on short notice to help care for a family member and may legitimately need FMLA leave to handle those responsibilities. Go ahead and suggest FMLA time off. However, until the employee takes you up on the offer, you can hold her to your regular attendance policy.

You can fire worker out on FMLA leave–just show legitimate work-related reason

04/06/2011

Some employees believe that applying for or taking FMLA leave insulates them from legitimate punishment. They think, “You can’t discipline me because I just took FMLA leave; that would be retaliation.” That just isn’t true.

Terminating without giving a specific reason? Document rationale for the record, regardless

04/06/2011

Many employers don’t like to provide specific reasons for firing someone. Instead, they simply tell the employee that he is being terminated from his at-will employment. Don’t take that as an excuse not to document the reason you are terminating the employee.

Boss nagging employee about FMLA leave? Prepare for lawsuit

03/31/2011
Short staffing makes management difficult. When an employee is out on medical leave, others have to pick up the slack. Still, remind supervisors that they can’t push employees who are out on FMLA leave to perform work while on leave. They also can’t ask employees to return early from FMLA leave. Either one is just asking for legal trouble.

Worker returning from FMLA leave? You can refuse to reinstate

03/31/2011
Under the law, an employee who takes FMLA leave is entitled to return to the same position he or she held when leave started or to an equivalent position. However, there are situations when employers can refuse to reinstate workers returning from FMLA leave—but only under limited circumstances.

Are all cancer treatments eligible for FMLA leave?

03/31/2011
Q. Do we always have to allow intermittent FMLA leave for cancer treatments (e.g., chemo and radiation)? The employee is capable of working and says the treatments are available only during the day.